Innocent Spouse Relief for One’s Own Income

Houston Tax Attorney

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While taxpayers are often aware that innocent spouse relief can eliminate their liability for tax on items of income earned by their spouse (or ex-spouse), fewer taxpayers realize that innocent spouse relief can also help with tax on income they earned themselves. The recent Heydon-Grauss v. Commissioner, T.C. Memo. 2018-209, case provides an opportunity to […]

Tax Court Expands Innocent Spouse Relief for Divorced Taxpayers

Houston Tax Attorney

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Innocent spouse relief can allow a taxpayer to avoid joint liability for taxes that arose during the marriage. There is an exception for the would-be innocent spouse if they had actual knowledge of the item that resulted in the tax. The U.S. Tax Court addressed this limitation in McDonald v. Commissioner, T.C. Summary Opinion 2016-79, […]

Innocent Spouse Relief Granted Despite Knowledge of Error on Return

Houston Tax Attorney

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Innocent spouse tax relief can provide a remedy for spouses who are liable for taxes reported on a jointly filed income tax return.  It is an equitable remedy.  But is it available if the tax is due to an obvious error on the tax returns that the spouses both signed?  The court addressed this in Denton […]

Refunds After Innocent Spouse Relief Granted

Houston Tax Attorney

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If a taxpayer pays the couple’s income taxes and is then granted innocent spouse relief for the liability, is the innocent spouse entitled to a refund of the amount paid?  The 9th Circuit Court of Appeals addressed this in Orlock v. Commissioner. Facts & Procedural History The IRS granted the wife innocent spouse relief. Prior to […]

Tax Disputes Involving Alimony Payments

Houston Tax Attorney

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If payments qualify as alimony pursuant to federal tax law, the payments may be tax deductible by the payor spouse and included in gross income to the payee spouse.  The opposite is true if the amounts are not alimony for federal tax law.  Whether an expense counts as alimony is frequently the subject of disputes […]

Innocent Spouse Relief for Ex-Spouse’s Income

Houston Tax Attorney

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Innocent spouse relief can provide a much needed remedy for divorced or separated taxpayers who filed a joint income tax return.  This relief is commonly granted where the income that gave rise to the tax liability was earned by one spouse.  The recent Mapp v. Commissioner, T.C. Summary Opinion 2008-76, case provides an opportunity to consider […]

Can One Spouse Cause IRS to void Other’s Alimony Deduction?

Houston Tax Attorney

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If a divorce decree says that a payment to an ex-spouse, does that mean that it is alimony the ex-spouse as to report as income for Federal income tax purposes?  And if not, can the ex-spouse who receives the payment request a ruling from the IRS to say that the payment was not taxable to […]